People v. Wallace CA1/5

BACKGROUND

On May 19, 2022, defendant, Michael Ellis Wallace, was charged with two counts of second degree robbery in violation of section 211. On July 12, 2022, defendant’s counsel declared doubt as to defendant’s mental competency, and the court appointed a licensed psychologist, Vicky Campagna, LMFT, Ph.D., who evaluated defendant pursuant to section

1 All statutory references are to the Penal Code.

1 1368 on October 7, 2022. On November 18, 2022, based on Dr. Campagna’s report, the court found defendant incompetent to stand trial. On December 2, 2022, defendant was placed at Napa State Hospital for two years (or until found competent to stand trial). On January 11, 2023, defendant filed a notice of appeal with the Superior Court of California for the County of Alameda, appealing the court’s decision finding him incompetent under section 1368. While the instant appeal was pending, the court reinstated criminal proceedings after finding that defendant’s competency to stand trial was restored. On June 30, 2023, defendant pleaded no contest to one of the second degree robbery charges. The other second degree robbery charge and prior conviction allegations were…